Last updated September 1st, 2021
(i).“Applicable Law” shall include all laws, statutes, ordinance, regulations, guidelines, policies and other pronouncements having the effect of the law of all or any applicable jurisdictions by state, municipality, court, tribunal, government, ministry, department, commission, arbitrator or board or such other body which has the force of law within the territory of the Company’s incorporation and where the Company realizes it’s Services.
(ii).“Borzo Group Companies” shall include incorporated and governed by it a group of legal entities operating in different jurisdictions, business activities of which are concentrated at providing the Users with the Software to arrange the Delivery services.
(iii).“Client” shall mean a physical person/ private entrepreneur/ legal entity (in relation to the Personal Information of their representatives) using the Services for the purpose of arranging the Delivery services.
(v). “Content” shall include without limitation, data, text, written posts, comments, software, scripts, interactive features generated, graphics, images, photos, documents, audio, video, location, data, nearby places and all other forms of information or data.
(vii).“Delivery services” means the services provided via Software by the Courier or Driver to the Client relating to pick–up and delivery of goods/parcels and other connected services, if applicable. The Delivery services may be provided via other platforms, communication media or channels as are from time to time operated and made available by or on behalf of the Company to the Users.
(ix).“User Content” shall mean any Content that the User saves, submits, posts, displays, uploads, shares, transmits via the Software, including but not limited to, images, photos, documents and contact details saved therein by the User, profile information and any other Content or information that the User stores or makes available in the Software.
(xii).“Software” means a platform to connect the Users to request and receive or provide on-demand Delivery services. The Software may be applied through a website (www.borzodelivery.com), mobile applications (the “applications”) and other web services. The Services are available only for the Users.
2. Sources of Personal Information
2.1 When the Visitor visits the Software, the Company may collect the Personal Information.
2.2 The Company may collect following Personal Information:
a. provided by the Visitors;
b. provided by the Users in the Software for the sake of use of the Services;
c. created during use of the Services and the Delivery services such as geolocation, transaction information, app or website usage and device data and communications data; and
d. via the use of the Borzo application programming interface, if the User chooses to utilize it.
2.3 The Сompany may also collect the Personal Information through software development kits (“SDKs”) used in providing the Services, the Visitor’s entry into the Company’s competitions, contests, or sending correspondence to the Company through website, applications or by phone.
3. What Personal Information does Company collect about Visitors and Users?
3.1 The Personal Information collected by the Сompany may include:
- from Visitors (when the Visitor browses the Software directly, the Company collects information from the Visitor, including but not limited to the Personal Information. For instance, when the Visitor requests for information in the Software, submits information in the Software, the Company may collect this information (where permitted by the Applicable Law)):
- IP address or other unique device identifiers;
- records of interaction with the customer service or support chat;
- records and reports of usage of the Software;
- from Users (if anything in the terms below is inconsistent with the Applicable PP, the latter takes precedence):
When the User browses or accesses the Software directly, the Company collects information from the User, including but not limited to the Personal Information. For instance, when the User requests for information in the Software, submits or uploads information or the Content in the Software, the Company collects information, including but not limited to (where permitted by the Applicable Law), the following Personal Information:
- telephone number;
- postal address;
- payment method;
- items requested for the Services;
- other information chosen to be provided by the User;
- passport number (if applicable);
- the User profile information, including login details and passwords, profile picture (if applicable), saved routes, language preference, beloved Drivers’ or Couriers’ details, feedback, ratings, compliments, order details, type of the Delivery services applied;
- the Software usage or other relevant data; and
- other Personal Information voluntarily entered by the User in a free text box when using the Software.
3.3 In respect of voluntary Personal Information provided to the Company, the Company:
c. will not use the Personal Information for any other purposes unless the User has given the prescribed consent to the use for the relevant other purposes; and
d. will process the Personal Information according to the Applicable Law.
3.4 Information automatically collected
In compliance with the Applicable Law in order to access to the Software (for the Visitors and Users) and in order to use the Services (for the Users), information which may be collected by the Сompany (or third parties acting on its behalf) by automated means includes:
(i). Location Information: When the User uses the Software, the Company may collect precise location data about the delivery of goods from the Software entered into by the User.
The Software also collects information about the location of the Courier or Driver even when the application is in both modes, the foreground and background. This information may be shared with the Clients by the Company at the time when the Couriers or Drivers are providing the Delivery services as assigned to the Couriers or Drivers. The Company may also derive the approximate location of the device’s IP address. The Company does not share such information with third parties except for the purpose of creating any analyses, reports, or other such analytical corroborated information which will assist the Company in improving the Software and offerings.
The location information so collected shall be stored on servers of the relevant Company or otherwise as per the storage policies of the Company and the Applicable Law. Any anonymized information shall be stored at the Company’s discretion.
(iii). Transaction Information: The Company may collect transaction details related to the use of the Software, including the type of the Delivery services requested, the date and time the Delivery services were provided, amounts charged, the distance of delivery and other related transaction details.
(v). Device Information: The Company may collect information about the Visitor’s device, including, for example, the hardware model, operating system and version, software and file names and various, preferred language, unique device identifier, advertising identifiers, serial number, device motion information and mobile network information.
(vi). Call and SMS Data: The Software facilitates communications between the Users. In connection with facilitating the Delivery services or the Services, the Company receives call data, including the date and time of the call or SMS message, the Users’ phone numbers and the content of the SMS message.
(vii). Log Information: When the Visitor interacts with the Company, the Company may collect server logs, which may include information like the device IP address, access dates and times, app features or pages viewed, app crashes and other system activity, type of browser and third-party site or service the Visitor was using before interacting with the Software.
3.5 The information collected from other sources
The Company may also receive information, including the Personal Information, from other sources and combine that with the Personal Information collected through the Software. For example:
(i). If the User chooses to link, create, or log in to the User’s account with a payment provider (for example, Google Wallet) or social media service (for example, Facebook) or if the User engages with a separate app or website that uses the Company’s API (or whose API the Company uses), the Company may receive information, including the Personal Information, about the User or the User’s connections from that website or app.
(ii). The Couriers or Drivers may share with the Company a Client rating once the Delivery services have been provided to the Client.
(iii). After the Courier or Driver has provided the Delivery services to the Client, the Client may provide the Company with a Courier or Driver rating.
4. How does Company use the Personal Information?
4.1 The Company may collect, compile and collate the Personal Information in the form of:
- for Visitors:
(i). IP address or other unique device identifiers;
(ii). records of interaction with the customer service or support chat;
(iii). records and reports of usage of the Software;
- for Clients:
(i). records of profile information;
(ii). remarks, records and reports of usage of the Delivery services or Services, including records of interaction with the customer service or support chat;
(iii). records of payment in respect of the Delivery services or Services;
(iv). records and reports of usage of the Software, including bug reports, competitions, or contests and login sessions;
(v). records of the User’s support chat history, feedback and rating to the Couriers or Drivers;
- for Couriers or Drivers:
(i). records of profile information;
(ii). records and reports of usage of the Delivery services or Services, including records of interaction with the customer service or support chat;
(iii). records of payment in respect of the Delivery services or the Services;
(iv). records and reports of usage of the Software including bug reports, competitions or contests and login sessions;
(v). reports of support chat history and feedback from the Clients;
(vi). records of deliveries and its performance; and
(vii). records of the Drivers’ or Couriers’ vehicles, driving permit, vehicle insurance and vehicle license (if applicable);
(viii). records of the User’s support chat history, feedback and rating to the Clients;
4.2 The Company will collect the Personal Information exclusively to carry out the Services and for the purposes of the Software use or the purposes declared hereof.
4.3 Any of the Personal Information the Company may collect from the Visitor or User may be used by the Company as follows:
a. from Visitors:
(i). to compile aggregated statistics about the Visitors and to analyse their Software usage;
(ii). to improve the Software: the Company continually strives to improve the Software and offerings based on the information and feedback the Company receives from the Visitor;
(iii). for the customer service and support chat: the Visitors’ Personal Information helps the Company to more effectively respond to the customer service requests, receive feedback and support needs;
(iv). for research and development: the Visitors’ Personal Information will help the Company to test, research, analyse, assist with product development and machine learning to improve the experience of the Visitors;
b. from Users:
- to provide the Services such as to:
(i). create and update the User’s account registered with the Software;
(ii). enable order, accept, provision and receipt of the Delivery services through the Software;
(iii). track deliveries;
(iv). offer, process, or facilitate payment for the Delivery services or Services;
- to monitor the use of the Software, the Services and Delivery services;
- to help maintain the safety, security and integrity of the Software;
- to personalize the Users’ experience in the Software: identifying their preferences and behaviour helps the Company to better respond to their individual needs;
- to improve the Software: the Company continually strives to improve the Software and offerings based on the information and feedback the Company receives from the Users;
- to compile aggregated statistics about the User and to analyse the User’s Software usage or Delivery services usage;
- for customer service or support chat: the Users’ Personal Information helps the Company to more effectively respond to the customer service requests, receive feedback and support needs;
- for research and development: the Users’ Personal Information will help the Company to test, research, analyse, assist with product development and machine learning to improve the Users’ experience;
- for non-marketing communications related to the Software such as notifications of changes to the Software;
- for legal proceedings or as required by regulators, government entities and official inquiries;
- for other directly related matters in respect of the Software; and
c. from Driver or Courier:
- to provide the Services such as to:
(i). create and update the Courier’s or Driver’s account registered with the Software;
(ii). enable and notify transportation, orders and deliveries;
(iii). track deliveries; and
(iv). offer, process or facilitate payment for the Delivery services or the Services;
- to monitor the use of the Software;
- to help maintain the safety, security and integrity of the Software and of the Clients such as to screen the Courier or Driver;
- to personalise the Courier’s or Driver’s experience in the Software: identifying the preferences and behaviour help the Company to better respond to the Courier’s or Driver’s individual needs;
- to improve the Software: the Company continually strives to improve the Software and offerings based on the information and feedback the Company receives from the Courier and Driver;
- for the customer service and support chat: the Courier’s or Driver’s Personal Information helps the Company to more effectively respond to the customer service requests, receive feedback and support needs;
- for research and development: the Courier’s or Driver’s Personal Information will help the Company to test, research, analyse, assist with product development and machine learning to improve the Courier’s or Driver’s experience;
- to compile aggregated statistics about the Courier or Driver and to analyse the Courier’s or Driver’s Software usage and the Delivery services usage, including performance metrics of the Delivery services provided by the Courier or Driver;
- for non-marketing communications related to the Software such as notifications of changes related to the Software;
- for legal proceedings or as required by regulators, government entities and official inquiries;
- for other directly related matters in respect of the Software;
- for providing benefits to the Courier or Driver.
4.4 The Personal Information collected by the Company may not be used for other purposes, unless:
a. have expressly given the prescribed consent to the use for the relevant other purposes;
b. the purpose is directly related to the purpose for which the Personal Information was collected; or
c. the Company is permitted to use the Personal Information for other purposes arising from an exemption or otherwise in accordance with the Applicable Law.
4.5 The Personal Information collected by the Company will not be sold, exchanged, shared, transferred or given to a third party for their direct marketing without the Visitor’s prior consent.
4.6 The Company may generate reports and analysis based on the usage data obtained according to cl. 4.3 hereof for internal analysis, monitored and marketing solutions.
4.7 The Company may provide the usage data obtained according to cl. 4.3 hereof to third parties, but when it does so, it does not provide personally – identifying information without the Visitor’s permission.
4.8 When the Visitor registers in the Software and becomes the User, the Company creates the relevant User’s account, assigning a personal identification number, this personal identification number is then sent back to the User’s hard drive in the form of a “cookie”, which is a small bit of code. This code is unique to each User. It enables seamless travel across the Software, allowing the User to use the Software without having to enter its password frequently or fill out registration forms with information the User has already provided.
5. Personal Information sharing and disclosure
5.1 The Services require that the Company may share the Personal Information with other Users. This includes:
a. sharing the User’s full name, phone number, the Personal Information contained in free text box voluntarily entered by the User and pick up or drop off locations with the Couriers or Drivers after a delivery has been initiated for the purposes of completing a delivery; and
b. sharing the Courier’s or Driver’s name, phone number, the Driver’s or Courier’s profile information, vehicle information (if applicable), vehicle picture (if applicable) and geolocation with the Clients after a delivery has been initiated for the purposes of completing a delivery;
c. sharing with the third parties with whom the User chooses to let the Company share information, for example, other apps or websites that integrate with the Company’s API, or the Software, or those with API or software which are integrated by the Company.
5.2 The Company may also share the Personal Information for the sake of the Software use with:
a. the Company’s employees, officers or independent consultants, affiliated entities that provide services or conduct data processing on behalf of the Company or for the data centralisation and / or logistics purposes;
b. the Company’s auditors and external legal and financial advisors;
c. the Company’s suppliers, vendors, consultants, business partners, data processors and sub-contractors including, but not limited to:
(i). IT service and software suppliers;
(ii). payment processors and facilitators;
(iii). cloud platform service providers;
(iv). cloud storage providers;
(v). data analytics providers;
(vi). research partners;
(vii). marketing and advertising agencies who create the Company’s advertisements and promotions;
(viii). background check and identity verification providers;
(ix). vendors that assist the Company to enhance the safety and security of the Software; and
(x). the customer service providers or support chat providers;
d. the Company’s insurers and bankers;
e. any regulator or government body to whom the Company is under an obligation or otherwise required to make disclosure under the requirements of any Applicable Law;
f. the Company’s subsidiaries and the parent or affiliated companies: the Company shares the Personal Information with its subsidiaries and parent or affiliated companies to help the Company to provide the Software or conduct data processing on the Company’s behalf;
g. all applicable persons if the Company believes it is required by the Applicable Law, regulation, legal process, governmental request or where the disclosure is appropriate due to safety concerns. This includes exchanging the Personal Information with other companies or organisations for the purposes of fraud protection and prevention; or
h. another company with connection in or during negotiations of any merger, sale of company assets, consolidation or restructuring, financing or acquisition of all or a portion of the Company’s business by or into that other company.
5.4 The Company may share the Personal Information with its affiliates and authorised agents, representatives and advisors to help detect and prevent identity theft, fraud and other potentially illegal acts; correlate related or multiple accounts to prevent abuse of the Software; and to facilitate joint or co – branded services that the Visitor requests where such services are provided by more than one corporate entity. Those entities and affiliates may not market to the Visitor as a result of such sharing unless the Visitor explicitly opts-in.
5.5 The Company may share the Visitor’s Personal Information with third parties in order to conduct a basic verification of information provided by the Visitor. Where the User is a Courier or Driver, the Company will share such Personal Information with the Client.
6. Security of Personal Information
6.1 Once the Company receives the Personal Information, the Company will use all reasonably practicable steps to ensure that the Personal Information is stored securely and protected by the Company and its data processors against unauthorised or accidental access, processing, erasure, loss or use.
6.4 The Company’s security measures may include SSL certificate signing, TLS encryption and hashed password storage.
6.5 The User is responsible for keeping User’s applications and account password confidential. The Company advises that the User must not share the User’s application and account password with anyone.
6.6 The transmission of information through the internet is not completely secure. Although the Company uses security measures to secure the Personal Information, the Company cannot guarantee the security of the Personal Information transmitted to the applications or websites and any transmission is at the own risk of the Visitor.
7. Retention of Personal Information
7.1 The rules of retention of Personal Information are stated in the Applicable PP.
7.2 Notwithstanding anything contained herein, the Personal Information submitted by the Visitor shall be retained by the Company under the following circumstances:
7.2.1 to the extent as may be required under the Applicable Law;
7.2.2 the Company may retain the Visitor’s Personal Information if relevant for any ongoing or prospective legal proceedings; and
7.2.3 in the exercise of lawful rights which includes without limitation providing information to third parties for the purposes of prevention and reducing of credit risk.
8.1 The Visitor acknowledges that with respect to certain activities, the collection, transfer storage, and processing of the Visitor’s Personal Information may be undertaken by trusted third party vendors or agents of the Company such as credit card processors, web hosting providers, communication services, web analytic providers and others similar companies, to help facilitate the Company in providing certain functions.
9. Personal Information correction requests and access
9.1 The User’s Personal Information can be viewed and edited through the User’s account which is protected by a password.
9.2 The Сompany takes reasonable steps to keep the User’s Personal Information accurate and complete. If the User has created an account in the Software, the User can update Personal Information after he logs into the account. The Visitor can contact the support chat on the website https://borzodelivery.com in case he wants to update, change or delete any Personal Information regarding this Visitor.
9.3 The updation shall be effective from future transactions and shall not be valid for ongoing transactions under process. The certain update may result in an increase in price (for example, if the Client has changed its pick up or drop off locations during the Delivery services).
11. Third party links
11.1 Occasionally, at the Company’s discretion, the Company may include or offer links to third party products or services in the Software.
11.2 These third-party websites have separate and independent privacy policies and the Visitor must refer to these third-party privacy policies.
12. Changes to Privacy Policies
All comments, queries, data access requests or data correction requests relating to the Company’s use of the Personal Information are welcome and should be addressed to the support chat on website https://borzodelivery.com.
14. Direct Marketing
14.1 If the Company provides the Services or interacts with the User in the course of engagement with a company or business entity, the Company intends to directly market the Software to the User in that capacity and for the use of that company or business entity.
14.2 If the Company provides the Services or interacts with the User in his/her personal capacity, the Company intends to use the Personal Information to directly market the Software to the User.
a. The type of the Personal Information the Company may use for direct marketing purposes are:
□ email address
□ phone number
b. The direct marketing activities the Company may conduct using the Personal Information are:
□ promotions of the Software
□ competitions or contests held by the Company
□ updates in respect to the Software
□ surveys in respect to the Software
□ event invitations
□ festive greetings
□ advertisements of the Software
□ loyalty program with gifts
14.4 The User may request the Company to cease using the User’s Personal Information for direct marketing purposes at any time by сontacting the support chat on the website https://borzodelivery.com, or by replying with the heading “unsubscribe” to any direct marketing communication from the Company.